Institutionalist and methodological perspectives on law: contributions of the Economics of Convention

"The article presents in its first parts main concepts of the French approach of economics of convention (EC) and its main contributions to the analysis of (economic) law. EC represents an endogenous perspective of law as an institution whose usage is embedded in situations wherein competent actors have to coordinate and develop a shared understanding of situations. EC conceives real situations as structured by coordinating actors and a plurality of logics of coordination, which are called conventions in this approach. EC has contributed in some of its historical research studies on economic institutions to the analysis of (economic) law. In the second part of this article, newer trends in EC are discussed which focus on discursive practices and apply strategies of discourse analysis in the analysis of economic institutions as labor law. It is claimed that EC can be regarded as a distinguished approach for the integration of discourse analytic perspectives into a complex pragmatic approach to political economy." (author's abstract

Classifications, Quantifications and Quality Conventions in Markets - Perspectives of the Economics of Convention

The article presents the French approach of economics of convention (EC) as a pragmatic institutionalism. It was developed on the one side for the analysis of practices of classifications and quantification. On the other side it was developed for the analysis of multiple logics of economic coordination. The basic concepts of EC are introduced and applied to the analysis of classificatory procedures in markets. The article aims to present EC as an innovative approach for the analysis of markets

Economics of Convention Meets Canguilhem

The neopragmatist institutionalist approach of economics of convention (in short EC) still is in need of a conception of health that enables EC to work out a critical standpoint in the analysis of health care institutions. French historical epistemology is an early critique of Comtian positivism in the philosophy of science. The work of the historical epistemologist Georges Canguilhem is the most important approach for a non-reductionist, pluralist conception of health and for the anti-positivist critique of medical concepts of the "normal." This critique has become an influential basis for the critical analysis of quantification in health care. Canguilhem introduced the notions of biological normativity and social normativity, which govern the relation of organisms and their milieus and can be regarded as original sources for value and normative orders. In this contribution, the anti-positivist critique of Canguilhem is presented. Then the link between scientific concepts, knowledge production in the health care system, and health institutions is discussed, which was later on continued by Michel Foucault as a successor of Canguilhem in the field of historical epistemology. It is pointed to the affinities of Canguilhem's approach to pragmatism but also to the capability approach of Amartya Sen. Consequences of Canguilhem's work for EC and links to EC's concepts are worked out. Finally, the relevance of Canguilhem's work to the ongoing digitalization of health care is sketched

Elaborating the conceptual difference between conventions and institutions

"The article elaborates the conceptual difference between two core concepts of the French approach of economics of convention (EC), namely convention and institution. It is argued that modern institutionalisms and neoinstitutionalisms need to delimit the meaning of the notion institution as EC does. Then it is possible to work out the relations of institutions and other forms of cultural or structural resources. A proposal for such an elaboration is done by differing four perceived situations for institutional analysis. This elaboration could be used to enhance the explanatory capabilities of EC." (author's abstract

The methodological standpoint of the "économie des conventions"

"The article presents the methodological position of the French approach of the 'économie des conventions' (economics of convention, in short: EC). EC is introduced as a new form of a pragmatist institutionalism, which assumes capable actors, a plurality of conventions and different forms of rationality. EC explains collective quality constructions and regards conventions as solutions for collectives to deal with uncertainty. EC criticizes mainstream economics because of its notion of rationality and its methodological individualism. The article focuses on the methodological standpoint of EC. It is argued that the influences from pragmatism and structuralism place this new institutionalism beyond pragmatism and structuralism and that its methodological position can be regarded as a 'complex pragmatic situationalism'. The situation is the unit of analysis. In situations pluralities of conventions have an impact as possible logics of coordination and evaluation. The EC has a strong tradition in empirical historical analysis of institutional forms and socio-cognitive categories. It is argued that parallels to the Weberian methodology exist. But EC supposes that ideal types are common knowledge also to the ordinary actors. At the end it is the specific complex methodological position of EC that places it also beyond the Opposition of methodological individualism and methodological holism." (author's abstract

Statistical Panopticism and Its Critique

The article develops the concept of statistical panopticism, thereby combining the French approach of economics of convention (EC) and Michel Foucault’s concept of panopticism. The differences between Foucault’s original notion of panopticism and statistical panopticism are emphasized. It is argued that statistical panopticism has been made possible by the enormous growth of quantification, datafication, linking, and centralization of numerical data production, data collection, and data analysis. This has been (mainly) realized by private enterprises and implemented in different social spheres but also in private situations. From the perspective of EC, quantification, big data, and statistical panopticism have to be related to the foundational conventions of data production (measurement) and data interpretation. Foucault has analyzed the neoliberal and indirect form of contemporary governance. Statistical panopticism works as a dispositive for this neoliberal form of governance. Its asymmetric and mainly invisible character is sketched. Also the critique and the deficiencies of critique of political and economic usages of numerical data and indicators are discussed

Discourses, Conventions, and Critique - Perspectives of the Institutionalist Approach of the Economics of Convention

The institutionalist approach of economics of conventions (EC) was developed in France in the last decades and recombines pragmatist and structuralist concepts. In EC, conventions are not regarded as institutions, but are conceived as interpretative frames how to interpret the meaning of institutions and situations, and how to handle institutions in situations of coordination. The difference between institutions and conventions offers space for “critical movements” and can implement a tension as well as an infrastructure for critique. The article introduces main concepts of EC, which could be applied to the analysis of social critique. In fact, the pragmatist analysis of critical moments and practices of justification was one of the birth moments of EC and EC has developed strategies to analyze and explain social change. The article presents some newer reflections of EC on power and dispositive. Furthermore, the article relates the Foucaultian notions of discourse and power to EC’s analysis of critique and social change. Finally, a current strand of EC research is discussed, which is the study and cri-tique of neoliberalism and the role of the state

Economics of Convention Meets Foucault

The contribution examines concepts and the methodology of Michel Foucault from the standpoint of the French institutionalist approach of economics of convention (in short EC). EC is briefly introduced. Then, it is argued that Foucault should be regarded as an “ally” for EC, because his theory shares main positions with EC, but Foucault also provides concepts and methodological strategies, which could improve EC’s capabilities to analyze practices and strategies of convention-based processes as critique, justification and the social construction of qualities and worth. Some representatives of EC have already adopted Foucaultian concepts. Foucault also pioneered the analysis in domains, highly relevant for EC, as in the field of law and neoliberalism, but these works are not well recognized so far. Moreover, Foucault began the study of individual’s strategies of self-conduct and self-formation, which EC approached later on as well. The article claims that it is especially Foucault’s notions of episteme and power as well as Foucaultian discourse analysis, which offer innovative theoretical and methodological perspectives for EC

Convention Theory, classification and quantification

The article presents the main contributions of the French approach of economics of convention (EC) to the analysis of classifications and quantifications. Here, Alain Desrosières has delivered many outstanding contributions. The article shortly presents the approach of EC. Conventions are socio-cognitive resources actors rely on to achieve shared interpretations, evaluations and valuations of situations and the value of objects, persons and actions. Also, the interpretation of institutions has to apply conventions. Conventions with semantic content and without semantic content are compared, and the different scopes of convention-based coordination (in time and space) are discussed. Also the conception of a political economy of classification and quantification is presented. At the end of the article, a typology of situations of classifications and quantifications is introduced

The économie des conventions: transdisciplinary discussions and perspectives ; introduction to the HSR focus

"The economie des conventions (economics of convention, EC) has developed in the last three decades in France as an approach for economic history, economic sociology and pragmatic institutionalism. For some years now the international reception and recognition has started. The introduction to the HSR Focus frames the collected contributions. Therein the ongoing discussion about the application of EC in transdisciplinary historical analysis is presented. A focal point for the current debate has been a workshop in February 10th 2012 (at Humboldt University Berlin). The workshop is initially presented. Then the contributions of this focus are introduced. The contributions forward the discussion but they also present new work on conceptual and methodological issues of EC. The impact of materialities, the importance of power and critique, the rote of cognition for the pragmatic institutionalism and the analysis of quantification and the difference between the notions of institution and conventions are elaborated. At the end the specificities of the German reception of EC are sketched. All in all, the focus is more than a presentation of ongoing discussion: it offers insights into new transdisciplinary perspectives." (author's abstract